Summary It was not fatal to a claim to an equity under the principle in Pallant v Morgan [1953] Ch. 43 that negotiations between the parties were expressly subject to contract. However, the court determined that two companies which had entered into negotiations with a view to acquiring a property as joint...

Summary The extent of an exclusive prescriptive right to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of Norfolk, was to be determined, on its western, seaward boundary, by reference to the lowest astronomical tide. The right...

Supreme Court decision on dishonest assistance, conspiracy, director’s breach of duty, corporate attribution, illegality and fraudulent trading (led by Christopher Parker KC) arising out spot trading in carbon credits.

Summary It was not appropriate to grant the claimant an interim injunction restraining the defendant landowner from interfering with her sporting rights, which primarily involved the shooting of game, over his land: there was no real risk that the defendant would embark upon or resume any of the activities which...

Summary The UK subsidiary of a Luxembourg company was "solvent" for the purposes of a solvency condition in subordinated loan facility agreements between the companies. Accordingly, part repayments made, or expected to be made, by the subsidiary to the parent company were held by the parent company free from any...

Summary The purported protector of a trust was refused permission to re-amend his defence and bring a counterclaim in proceedings challenging the validity of his appointment. The application for re-amendment had been made very late, jeopardising the trial date, and raised significant new issues without any explanation for the delay....

Summary The purported protector of a trust was refused permission to re-amend his defence and bring a counterclaim in proceedings challenging the validity of his appointment. The application for re-amendment had been made very late, jeopardising the trial date, and raised significant new issues without any explanation for the delay....

Summary A confidentiality club was necessary to protect persons in Libya who were reported to have received sizeable sums of money from a source associated with the Gaddafi regime, even though that might to some extent inhibit the claimant's ability to prepare its case. Facts The claimant Libyan Investment Authority...